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54 USC Ch. 1019: CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS
From Title 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS
Subtitle I—National Park System
DIVISION A—ESTABLISHMENT AND GENERAL ADMINISTRATION
CHAPTER 1019—CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
Sec.
101901.
Utility services.
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
101911.
101912.
101913.
101914.
101915.
101916.
101917.
101918.
101919.
101920.
101921.
101922.
101923.
101924.
101925.
101926.
Definitions.
Findings and declaration of policy.
Award of concession contracts.
Term of concession contracts.
Protection of concessioner investment.
Reasonableness of rates and charges.
Franchise fees.
Transfer or conveyance of concession contracts or leasehold surrender interests.
National Park Service Concessions Management Advisory Board.
Contracting for services.
Multiple contracts within a System unit.
Use of nonmonetary consideration in concession contracts.
Recordkeeping requirements.
Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts.
Commercial use authorizations.
Regulations.
SUBCHAPTER I—AUTHORITY OF SECRETARY
§101901. Utility services
To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary
considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to
concessioners, contractors, permittees, or other users of the services, within the System. The reimbursements for
cost of the services may be credited to the appropriation current at the time reimbursements are received.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3137.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101901
Source (U.S. Code)
16 U.S.C. 1b (matter before (1)).
Source (Statutes at Large)
Aug. 8, 1953, ch. 384, §1 (matter before (1)),
(4), 67 Stat. 495; Pub. L. 91–383, §2(a),
Aug. 18, 1970, 84 Stat. 826.
16 U.S.C. 1b(4).
The words "and he may use applicable appropriations for the aforesaid system for the following
purposes" are omitted as unnecessary.
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
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§101911. Definitions
In this subchapter:
(1) A܀ﺃ܀܀좍܀ኊ܀쪌܀抒܀ 䚂܀ኊ܀暁܀쪌܀ﺃ܀.—The term "Advisory Board" means the National Park Service Concessions Management
Advisory Board established under section 101919 of this title.
(2) P쪌܀ꢄ܀⊅܀ꢄ܀쪌܀ꢄ܀袉܀܀܀暁܀咈܀ 쪌܀܀銅܀炆܀܀ ኊ܀⊅܀ 쪌܀ꢄ܀袉܀ꢄ܀骐܀暁܀咈܀.—The term "preferential right of renewal" means the right of a
concessioner, subject to a determination by the Secretary that the facilities or services authorized by a prior
contract continue to be necessary and appropriate within the meaning of section 101912 of this title, to match the
terms and conditions of any competing proposal that the Secretary determines to be the best proposal for a
proposed new concession contract that authorizes the continuation of the facilities and services provided by the
concessioner under its prior contract.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101911(1)
101911(2)
Source (U.S. Code)
no source.
16 U.S.C. 5952(7)(C).
Source (Statutes at Large)
Pub. L. 105–391, title IV, §403(7)(C), Nov.
13, 1998, 112 Stat. 3506.
S퀄ꀉ頀倂頀అ尀㴅䨀笄 P頀尀䨅ꀉ頀倂䨀笄頀倂尀䨅頀అ
Pub. L. 105–391, title IV, §419, Nov. 13, 1998, 112 Stat. 3517, provided that:
"(a) T쪌܀ꢄ܀暁܀܀ꢈ܀ꢄ܀袉܀܀ ኊ܀⊅܀ G咈܀暁܀㪃܀܀ꢄ܀쪌܀ B暁܀抒܀ Cኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ Pꢄ܀쪌܀ꢈ܀܀܀좍܀ P쪌܀ኊ܀좍܀�܀ꢄ܀㪃܀܀䂏܀좍܀.—Nothing contained in this title
[enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in
sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing
section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under
this section and sections 100101 and 101912 of this title] shall authorize or require the Secretary to
withdraw, revise, amend, modify, or reissue the February 19, 1998, Prospectus Under Which Concession
Permits Will be Open for Competition for the Operation of Cruise Ship Services Within Glacier Bay
National Park and Preserve (in this section referred to as the '1998 Glacier Bay Prospectus'). The award
of concession permits pursuant to the 1998 Glacier Bay Prospectus shall be under provisions of existing
law at the time the 1998 Glacier Bay Prospectus was issued.
"(b) P쪌܀ꢄ܀⊅܀ꢄ܀쪌܀ꢄ܀袉܀܀܀暁܀咈܀ R܀銅܀炆܀܀ ኊ܀⊅܀ Rꢄ܀袉܀ꢄ܀骐܀暁܀咈܀.—Notwithstanding any provision of this title, the Secretary, in
awarding future Glacier Bay cruise ship concession permits covering cruise ship entries for which a
preferential right of renewal existed prior to the effective date of this title [probably means the date of
enactment of title IV of Pub. L. 105–391, which was approved Nov. 13, 1998], shall provide for such cruise
ship entries a preferential right of renewal, as described in subparagraphs (C) and (D) of section 403(7)
[see 54 U.S.C. 101911(2), 101913(7)(C)]. Any Glacier Bay concession permit awarded under the authority
contained in this subsection shall expire by December 31, 2009."
A頀Ⰴ퀄䨀笄頀퀄 N퀄⤀ᤄ頀倂尀䨅頀అ퀄頀Ⰴ I頀అ⤀ᤄ頀蘄頀頀蘄䨀笄⤀ᤄ L퀄頀అ頀䨀笄 C尀䨅頀అ䨀笄頀蘄頀ꀉ퀄⤀ᤄ頀倂尀䨅頀అ A尀위⤀ᤄ
Pub. L. 105–391, title IV, §415(c), Nov. 13, 1998, 112 Stat. 3516, provided that: "Nothing in this title
[enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in
sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing
section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under
this section and sections 100101 and 101912 of this title] amends, supersedes, or otherwise affects any
provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to
revenueproducing visitor services."
§101912. Findings and declaration of policy
(a) F܀袉܀ﺃ܀܀袉܀銅܀좍܀.—In furtherance of section 100101(a), Congress finds that the preservation and conservation of
System unit resources and values requires that public accommodations, facilities, and services that have to be
provided within those System units should be provided only under carefully controlled safeguards against
unregulated and indiscriminate use, so that—
(1) visitation will not unduly impair those resources and values; and
(2) development of public accommodations, facilities, and services within System units can best be limited to
locations that are consistent to the highest practicable degree with the preservation and conservation of the
resources and values of the System units.
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(b) Dꢄ܀㪃܀咈܀暁܀쪌܀暁܀܀܀ኊ܀袉܀ ኊ܀⊅܀ Pኊ܀咈܀܀㪃܀抒܀.—It is the policy of Congress that the development of public accommodations,
facilities, and services in System units shall be limited to accommodations, facilities, and services that—
(1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located;
and
(2) are consistent to the highest practicable degree with the preservation and conservation of the resources and
values of the System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101912
Source (U.S. Code)
16 U.S.C. 5951.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §402, Nov. 13,
1998, 112 Stat. 3503.
In subsection (a), the words "section 100101(a)" are substituted for "sections 1, 2, 3, and 4 of this title,
which directs the Secretary to administer units of the National Park System in accordance with the
fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing
for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations"
to give a more precise cross reference because section 100101(a) of the new title is where that direction
to the Secretary is restated.
R頀蘄頀谄頀蘄퀄頀Ⰴ 尀䨅頀⤄ N퀄⤀ᤄ頀倂尀䨅頀అ퀄頀Ⰴ P퀄頀頀 S頀蘄頀ꀉ頀倂尀위頀蘄 C尀䨅頀అ尀위頀蘄䨀笄䨀笄頀倂尀䨅頀అ䨀笄 P尀䨅頀Ⰴ頀倂尀위耊 A尀위⤀ᤄ; S퀄ꀉ頀倂頀అ尀㴅䨀笄
P頀尀䨅ꀉ頀倂䨀笄頀倂尀䨅頀అ
Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: "Public Law 89–249
(commonly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed.
The repeal of such Act shall not affect the validity of any concessions contract or permit entered into
under such Act, but the provisions of this title [enacting former sections 5951 to 5966 of Title 16,
Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title,
amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of
Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101911 of this
title] shall apply to any such contract or permit except to the extent such provisions are inconsistent with
the terms and conditions of any such contract or permit. References in this title to concessions contracts
awarded under authority of such Act also apply to concessions permits awarded under such authority."
§101913. Award of concession contracts
In furtherance of the findings and policy stated in section 101912 of this title, and except as provided by this
subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person,
corporation, or other entity to provide accommodations, facilities, and services to visitors to System units.
Concession contracts shall be awarded as follows:
(1) Cኊ܀ꢈ܀�܀ꢄ܀܀܀܀܀܀ꢄ܀ 좍܀ꢄ܀咈܀ꢄ܀㪃܀܀܀ኊ܀袉܀ �܀쪌܀ኊ܀㪃܀ꢄ܀좍܀좍܀.—Except as otherwise provided in this section, all proposed concession
contracts shall be awarded by the Secretary to the person, corporation, or other entity submitting the best
proposal, as determined by the Secretary through a competitive selection process. The competitive process shall
include simplified procedures for small, individuallyowned entities seeking award of a concession contract.
(2) Sኊ܀咈܀܀㪃܀܀܀暁܀܀܀ኊ܀袉܀ ኊ܀⊅܀ �܀쪌܀ኊ܀�܀ኊ܀좍܀暁܀咈܀좍܀.—Except as otherwise provided in this section, prior to awarding a new
concession contract (including renewals or extensions of existing concession contracts) the Secretary—
(A) shall publicly solicit proposals for the concession contract; and
(B) in connection with the solicitation, shall—
(i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers
or trade publications, by electronic means, or both, as appropriate; and
(ii) make the prospectus available on request to all interested persons.
(3) I袉܀⊅܀ኊ܀쪌܀ꢈ܀暁܀܀܀ኊ܀袉܀ ܀ኊ܀ 䚂܀ꢄ܀ ܀袉܀㪃܀咈܀䂏܀ﺃ܀ꢄ܀ﺃ܀ ܀袉܀ �܀쪌܀ኊ܀좍܀�܀ꢄ܀㪃܀܀䂏܀좍܀.—The prospectus shall include the following information:
(A) The minimum requirements for the contract as set forth in paragraph (4).
(B) The terms and conditions of any existing concession contract relating to the services and facilities to be
provided, including all fees and other forms of compensation provided to the United States by the
concessioner.
(C) Other authorized facilities or services that may be provided in a proposal.
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(D) Facilities and services to be provided by the Secretary to the concessioner, including public access,
utilities, and buildings.
(E) An estimate of the amount of compensation due an existing concessioner from a new concessioner
under the terms of a prior concession contract.
(F) A statement as to the weight to be given to each selection factor identified in the prospectus and the
relative importance of those factors in the selection process.
(G) Other information related to the proposed concession operation that is provided to the Secretary pursuant
to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary
to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract
held by an existing concessioner as set forth in paragraph (7).
(4) Cኊ܀袉܀좍܀܀ﺃ܀ꢄ܀쪌܀暁܀܀܀ኊ܀袉܀ ኊ܀⊅܀ �܀쪌܀ኊ܀�܀ኊ܀좍܀暁܀咈܀좍܀.—
(A) M܀袉܀܀ꢈ܀䂏܀ꢈ܀ 쪌܀ꢄ܀袋܀䂏܀܀쪌܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀.—No proposal shall be considered that fails to meet the minimum requirements
as determined by the Secretary. The minimum requirements shall include the following:
(i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government.
(ii) Any facilities, services, or capital investment required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the
System unit.
(B) Rꢄ܀ᚇ܀ꢄ܀㪃܀܀܀ኊ܀袉܀ ኊ܀⊅܀ �܀쪌܀ኊ܀�܀ኊ܀좍܀暁܀咈܀.—The Secretary shall reject any proposal, regardless of the franchise fee
offered, if the Secretary determines that—
(i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or
(ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System
unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(C) A咈܀咈܀ �܀쪌܀ኊ܀�܀ኊ܀좍܀暁܀咈܀좍܀ ⊅܀暁܀܀咈܀ ܀ኊ܀ ꢈ܀ꢄ܀ꢄ܀܀ ꢈ܀܀ꢈ܀܀ꢈ܀䂏܀ꢈ܀ 1 쪌܀ꢄ܀袋܀䂏܀܀쪌܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀ ኊ܀쪌܀ 暁܀쪌܀ꢄ܀ 쪌܀ꢄ܀ᚇ܀ꢄ܀㪃܀܀ꢄ܀ﺃ܀.—If all proposals submitted
to the Secretary fail to meet the minimum requirements or are rejected by the Secretary, the Secretary shall
establish new minimum contract requirements and reinitiate the competitive selection process pursuant to this
section.
(D) Tꢄ܀쪌܀ꢈ܀좍܀ 暁܀袉܀ﺃ܀ 㪃܀ኊ܀袉܀ﺃ܀܀܀܀ኊ܀袉܀좍܀ ꢈ܀暁܀܀ꢄ܀쪌܀܀暁܀咈܀咈܀抒܀ 暁܀ꢈ܀ꢄ܀袉܀ﺃ܀ꢄ܀ﺃ܀ ኊ܀쪌܀ 袉܀ኊ܀܀ ܀袉܀㪃܀ኊ܀쪌܀�܀ኊ܀쪌܀暁܀܀ꢄ܀ﺃ܀ ܀袉܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀.—The Secretary may
not execute a concession contract that materially amends or does not incorporate the proposed terms and
conditions of the concession contract as set forth in the applicable prospectus. If proposed material
amendments or changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the
concession contract incorporating the material amendments or changes.
(5) Sꢄ܀咈܀ꢄ܀㪃܀܀܀ኊ܀袉܀ ኊ܀⊅܀ ܀炆܀ꢄ܀ 䚂܀ꢄ܀좍܀܀ �܀쪌܀ኊ܀�܀ኊ܀좍܀暁܀咈܀.—
(A) F暁܀㪃܀܀ኊ܀쪌܀좍܀ ܀袉܀ 좍܀ꢄ܀咈܀ꢄ܀㪃܀܀܀ኊ܀袉܀.—In selecting the best proposal, the Secretary shall consider the following
principal factors:
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving
resources of the System unit and of providing necessary and appropriate facilities and services to the public
at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal,
including the past performance and expertise of the person, corporation or entity in providing the same or
similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be
subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of
providing necessary and appropriate facilities to the public at reasonable rates.
(B) Sꢄ܀㪃܀ኊ܀袉܀ﺃ܀暁܀쪌܀抒܀ ⊅܀暁܀㪃܀܀ኊ܀쪌܀좍܀.—The Secretary may also consider such secondary factors as the Secretary
considers appropriate.
(C) Dꢄ܀܀ꢄ܀咈܀ኊ܀�܀ꢈ܀ꢄ܀袉܀܀ ኊ܀⊅܀ 쪌܀ꢄ܀銅܀䂏܀咈܀暁܀܀܀ኊ܀袉܀좍܀.—In developing regulations to implement this subchapter, the Secretary
shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement
of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract
should be identified as a factor in the selection of a best proposal under this section.
(6) Cኊ܀袉܀銅܀쪌܀ꢄ܀좍܀좍܀܀ኊ܀袉܀暁܀咈܀ 袉܀ኊ܀܀܀⊅܀܀㪃܀暁܀܀܀ኊ܀袉܀.—
(A) I袉܀ 銅܀ꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—The Secretary shall submit any proposed concession contract with anticipated annual
gross receipts in excess of $5,000,000 or a duration of more than 10 years to the Committee on Natural
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Resources of the House of Representatives and the Committee on Energy and Natural Resources of the
Senate.
(B) W暁܀܀܀܀袉܀銅܀ �܀ꢄ܀쪌܀܀ኊ܀ﺃ܀.—The Secretary shall not award any proposed concession contract to which
subparagraph (A) applies until at least 60 days subsequent to the notification of both Committees.
(7) P쪌܀ꢄ܀⊅܀ꢄ܀쪌܀ꢄ܀袉܀܀܀暁܀咈܀ 쪌܀܀銅܀炆܀܀ ኊ܀⊅܀ 쪌܀ꢄ܀袉܀ꢄ܀骐܀暁܀咈܀.—
(A) I袉܀ 銅܀ꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—Except as provided in subparagraph (B), the Secretary shall not grant a concessioner a
preferential right to renew a concession contract, or any other form of preference to a concession contract.
(B) E몑܀㪃܀ꢄ܀�܀܀܀ኊ܀袉܀.—The Secretary shall grant a preferential right of renewal to an existing concessioner with
respect to proposed renewals of the categories of concession contracts described by paragraph (8), subject to
the requirements of that paragraph.
(C) E袉܀܀܀܀咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀ ܀ኊ܀ 暁܀骐܀暁܀쪌܀ﺃ܀ ኊ܀⊅܀ 袉܀ꢄ܀骐܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀.—A concessioner that successfully exercises a preferential
right of renewal in accordance with the requirements of this subchapter shall be entitled to award of the
proposed new concession contract to which the preference applies.
(8) O䂏܀܀⊅܀܀܀܀ꢄ܀쪌܀ 暁܀袉܀ﺃ܀ 銅܀䂏܀܀ﺃ܀ꢄ܀ 좍܀ꢄ܀쪌܀܀܀㪃܀ꢄ܀좍܀ 暁܀袉܀ﺃ܀ 좍܀ꢈ܀暁܀咈܀咈܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀좍܀.—
(A) A�܀�܀咈܀܀㪃܀暁܀܀܀ኊ܀袉܀.—Paragraph (7) shall apply only to the following:
(i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized
backcountry outdoor recreation guide services that require the employment of specially trained and
experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and
enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that
activity.
(ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under
$500,000.
(B) O䂏܀܀⊅܀܀܀܀܀袉܀銅܀ 暁܀袉܀ﺃ܀ 銅܀䂏܀܀ﺃ܀ꢄ܀ 㪃܀ኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ꢄ܀쪌܀좍܀.—
(i) Dꢄ܀좍܀㪃܀쪌܀܀�܀܀܀ኊ܀袉܀.—Outfitting and guide concessioners, where otherwise qualified, include concessioners
that provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences.
(ii) W炆܀ꢄ܀袉܀ ꢄ܀袉܀܀܀܀咈܀ꢄ܀ﺃ܀ ܀ኊ܀ �܀쪌܀ꢄ܀⊅܀ꢄ܀쪌܀ꢄ܀袉܀܀܀暁܀咈܀ 쪌܀܀銅܀炆܀܀.—An outfitting and guide concessioner is entitled to a
preferential right of renewal under this subchapter only if—
(I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest,
including any leasehold surrender interest or possessory interest, in capital improvements on land owned
by the United States within a System unit, other than a capital improvement constructed by a
concessioner pursuant to the terms of a concession contract prior to November 13, 1998, or constructed or
owned by a concessioner or the concessioner's predecessor before the subject land was incorporated into
the System;
(II) the Secretary determines that the concessioner has operated satisfactorily during the term of the
contract (including any extension); and
(III) the concessioner has submitted a responsive proposal for a proposed new concession contract that
satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(C) Cኊ܀袉܀܀쪌܀暁܀㪃܀܀ 骐܀܀܀炆܀ ꢄ܀좍܀܀܀ꢈ܀暁܀܀ꢄ܀ﺃ܀ 銅܀쪌܀ኊ܀좍܀좍܀ 쪌܀ꢄ܀㪃܀ꢄ܀܀�܀܀좍܀ ኊ܀⊅܀ 咈܀ꢄ܀좍܀좍܀ ܀炆܀暁܀袉܀ $500,000.—A concessioner that holds a
concession contract that the Secretary estimates will result in gross annual receipts of less than $500,000 if
renewed shall be entitled to a preferential right of renewal under this subchapter if—
(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the
contract (including any extension); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that
satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(9) Nꢄ܀骐܀ ኊ܀쪌܀ 暁܀ﺃ܀ﺃ܀܀܀܀ኊ܀袉܀暁܀咈܀ 좍܀ꢄ܀쪌܀܀܀㪃܀ꢄ܀좍܀.—The Secretary shall not grant a preferential right to a concessioner to
provide new or additional services in a System unit.
(10) A䂏܀܀炆܀ኊ܀쪌܀܀܀抒܀ ኊ܀⊅܀ 좍܀ꢄ܀㪃܀쪌܀ꢄ܀܀暁܀쪌܀抒܀ 袉܀ኊ܀܀ 咈܀܀ꢈ܀܀܀ꢄ܀ﺃ܀.—Nothing in this subchapter shall be construed as limiting the
authority of the Secretary to determine whether to issue a concession contract or to establish its terms and
conditions in furtherance of the policies expressed in this subchapter.
(11) E몑܀㪃܀ꢄ܀�܀܀܀ኊ܀袉܀좍܀.—Notwithstanding this section, the Secretary may award, without public solicitation, the
following:
(A) Tꢄ܀ꢈ܀�܀ኊ܀쪌܀暁܀쪌܀抒܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀.—To avoid interruption of services to the public at a System unit, the Secretary
may award a temporary concession contract or an extension of an existing concessions contract for a term not
to exceed 3 years, except that prior to making the award, the Secretary shall take all reasonable and
appropriate steps to consider alternatives to avoid the interruption.
(B) Cኊ܀袉܀܀쪌܀暁܀㪃܀܀ ܀袉܀ ꢄ܀몑܀܀쪌܀暁܀ኊ܀쪌܀ﺃ܀܀袉܀暁܀쪌܀抒܀ 㪃܀܀쪌܀㪃܀䂏܀ꢈ܀좍܀܀暁܀袉܀㪃܀ꢄ܀좍܀.—The Secretary may award a concession contract in
extraordinary circumstances where compelling and equitable considerations require the award of a concession
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contract to a particular party in the public interest. Award of a concession contract under this subparagraph
shall not be made by the Secretary until at least 30 days after—
(i) publication in the Federal Register of notice of the Secretary's intention to award the contract and the
reasons for the action; and
(ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101913
Source (U.S. Code)
16 U.S.C. 5952 (less (7)(C)).
Source (Statutes at Large)
Pub. L. 105–391, title IV, §403 (less (7)(C)),
Nov. 13, 1998, 112 Stat. 3504.
In paragraph (1), the words "entities seeking award of a concession contract" are substituted for
"concessions contracts" for clarity.
In paragraph (2)(B)(i), the words "by electronic means" are substituted for "the Commerce Business
Daily" to eliminate obsolete words. Federal Business Opportunities is the designated single point of
universal electronic public access for publication of all procurement information and notices previously
published in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg.
56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special notice posted in CBDNet on
December 28, 2001, and printed on January 2, 2002.
In paragraph (5)(C), the words "concession contract" are substituted for "concession, contracts" to
correct an error in the source provision.
In paragraph (8)(B)(ii)(III), the word "concession" is added for consistency in this subchapter.
1 So in original. Probably should be "
".
§101914. Term of concession contracts
A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years
or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the
contract terms and conditions, including the required construction of capital improvements, warrant a longer term.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3142.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101914
Source (U.S. Code)
16 U.S.C. 5953.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §404, Nov. 13,
1998, 112 Stat. 3508; Pub. L. 106–176,
title III, §311, Mar. 10, 2000, 114 Stat. 34.
§101915. Protection of concessioner investment
(a) Dꢄ܀⊅܀܀袉܀܀܀܀ኊ܀袉܀좍܀.—In this section:
(1) C暁܀�܀܀܀暁܀咈܀ ܀ꢈ܀�܀쪌܀ኊ܀܀ꢄ܀ꢈ܀ꢄ܀袉܀܀.—The term "capital improvement" means a structure, a fixture, or nonremovable
equipment provided by a concessioner pursuant to the terms of a concession contract and located on land of the
United States within a System unit.
(2) Cኊ܀袉܀좍܀䂏܀ꢈ܀ꢄ܀쪌܀ �܀쪌܀܀㪃܀ꢄ܀ ܀袉܀ﺃ܀ꢄ܀몑܀.—The term "Consumer Price Index" means—
(A) the "Consumer Price Index—All Urban Consumers" published by the Bureau of Labor Statistics of the
Department of Labor; or
(B) if the Index is not published, another regularly published costofliving index approximating the Consumer
Price Index.
(b) Lꢄ܀暁܀좍܀ꢄ܀炆܀ኊ܀咈܀ﺃ܀ S䂏܀쪌܀쪌܀ꢄ܀袉܀ﺃ܀ꢄ܀쪌܀ I袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀ ܀袉܀ C暁܀�܀܀܀暁܀咈܀ Iꢈ܀�܀쪌܀ኊ܀܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀.—A concessioner that constructs a capital
improvement on land owned by the United States within a System unit pursuant to a concession contract shall have
a leasehold surrender interest in the capital improvement subject to the following terms and conditions:
(1) I袉܀ 銅܀ꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—A concessioner shall have a leasehold surrender interest in each capital improvement
constructed by a concessioner under a concession contract, consisting solely of a right to compensation for the
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capital improvement to the extent of the value of the concessioner's leasehold surrender interest in the capital
improvement.
(2) P咈܀ꢄ܀ﺃ܀銅܀ꢄ܀ 暁܀좍܀ 좍܀ꢄ܀㪃܀䂏܀쪌܀܀܀抒܀.—A leasehold surrender interest may be pledged as security for financing of a capital
improvement or the acquisition of a concession contract when approved by the Secretary pursuant to this
subchapter.
(3) T쪌܀暁܀袉܀좍܀⊅܀ꢄ܀쪌܀ 暁܀袉܀ﺃ܀ 쪌܀ꢄ܀咈܀܀袉܀袋܀䂏܀܀좍܀炆܀ꢈ܀ꢄ܀袉܀܀ ኊ܀쪌܀ 骐܀暁܀܀܀ꢄ܀쪌܀ ኊ܀⊅܀ ܀袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀.—A leasehold surrender interest shall be
transferred by the concessioner in connection with any transfer of the concession contract and may be
relinquished or waived by the concessioner.
(4) L܀ꢈ܀܀܀ ኊ܀袉܀ ꢄ܀몑܀܀܀袉܀銅܀䂏܀܀좍܀炆܀܀袉܀銅܀ ኊ܀쪌܀ ܀暁܀隇܀܀袉܀銅܀ ܀袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀.—A leasehold surrender interest shall not be extinguished by
the expiration or other termination of a concession contract and may not be taken for public use except on
payment of just compensation.
(5) V暁܀咈܀䂏܀ꢄ܀ ኊ܀⊅܀ ܀袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀.—The value of a leasehold surrender interest in a capital improvement shall be an
amount equal to the initial value (construction cost of the capital improvement), increased (or decreased) by the
same percentage increase (or decrease) as the percentage increase (or decrease) in the Consumer Price Index,
from the date of making the investment in the capital improvement by the concessioner to the date of payment of
the value of the leasehold surrender interest, less depreciation of the capital improvement as evidenced by the
condition and prospective serviceability in comparison with a new unit of like kind.
(6) V暁܀咈܀䂏܀ꢄ܀ ኊ܀⊅܀ ܀袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀ ܀袉܀ 㪃܀ꢄ܀쪌܀܀暁܀܀袉܀ 袉܀ꢄ܀骐܀ 㪃܀ኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀좍܀.—
(A) Hኊ܀骐܀ ܀暁܀咈܀䂏܀ꢄ܀ ܀좍܀ ܀ﺃꢄ܀܀ꢄ܀쪌܀ꢈ܀܀袉܀ꢄ܀ﺃ܀.—The Secretary may provide, in any new concession contract that the
Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the value of any
leasehold surrender interest in a capital improvement shall be based on—
(i) a reduction on an annual basis, in equal portions, over the same number of years as the time period
associated with the straight line depreciation of the initial value (construction cost of the capital
improvement), as provided by applicable Federal income tax laws and regulations in effect on November 12,
1998; or
(ii) an alternative formula that is consistent with the objectives of this subchapter.
(B) W炆܀ꢄ܀袉܀ 暁܀咈܀܀ꢄ܀쪌܀袉܀暁܀܀܀܀ꢄ܀ ⊅܀ኊ܀쪌܀ꢈ܀䂏܀咈܀暁܀ ꢈ܀暁܀抒܀ 䚂܀ꢄ܀ 䂏܀좍܀ꢄ܀ﺃ܀.—The Secretary may use an alternative formula under
subparagraph (A)(ii) only if the Secretary determines, after scrutiny of the financial and other circumstances
involved in the particular concession contract (including providing notice in the Federal Register and opportunity
for comment), that the alternative formula is, compared to the standard method of determining value provided
for in paragraph (5), necessary to provide a fair return to the Federal Government and to foster competition for
the new contract by providing a reasonable opportunity to make a profit under the new contract. If no
responsive offers are received in response to a solicitation that includes the alternative formula, the concession
opportunity shall be resolicited with the leasehold surrender interest value as described in paragraph (5).
(7) I袉܀㪃܀쪌܀ꢄ܀暁܀좍܀ꢄ܀ ܀袉܀ ܀暁܀咈܀䂏܀ꢄ܀ ኊ܀⊅܀ ܀袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀.—Where a concessioner, pursuant to the terms of a concession contract,
makes a capital improvement to an existing capital improvement in which the concessioner has a leasehold
surrender interest, the cost of the additional capital improvement shall be added to the thencurrent value of the
concessioner's leasehold surrender interest.
(c) S�܀ꢄ܀㪃܀܀暁܀咈܀ R䂏܀咈܀ꢄ܀ ⊅܀ኊ܀쪌܀ Pኊ܀좍܀좍܀ꢄ܀좍܀좍܀ኊ܀쪌܀抒܀ I袉܀܀ꢄ܀쪌܀ꢄ܀좍܀܀ E몑܀܀좍܀܀܀袉܀銅܀ Bꢄ܀⊅܀ኊ܀쪌܀ꢄ܀ Nኊ܀܀ꢄ܀ꢈ܀䚂܀ꢄ܀쪌܀ 13, 1998.—
(1) I袉܀ 銅܀ꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—A concessioner that has obtained a possessory interest (as defined pursuant to the Act of
October 9, 1965 (known as the National Park Service Concessions Policy Act; Public Law 89–249, 79 Stat. 969),
as in effect on November 12, 1998) under the terms of a concession contract entered into before November 13,
1998, shall, on the expiration or termination of the concession contract, be entitled to receive compensation for
the possessory interest improvements in the amount and manner as described by the concession contract.
Where that possessory interest is not described in the existing concession contract, compensation of possessory
interest shall be determined in accordance with the laws in effect on November 12, 1998.
(2) E몑܀܀좍܀܀܀袉܀銅܀ 㪃܀ኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ꢄ܀쪌܀ 暁܀骐܀暁܀쪌܀ﺃ܀ꢄ܀ﺃ܀ 暁܀ 袉܀ꢄ܀骐܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀.—A concessioner awarded a new concession contract
to replace an existing concession contract after November 13, 1998, instead of directly receiving the possessory
interest compensation, shall have a leasehold surrender interest in its existing possessory interest improvements
under the terms of the new concession contract and shall carry over as the initial value of the leasehold surrender
interest (instead of construction cost) an amount equal to the value of the existing possessory interest as of the
termination date of the previous concession contract. In the event of a dispute between the concessioner and the
Secretary as to the value of the possessory interest, the matter shall be resolved through binding arbitration.
(3) Nꢄ܀骐܀ 㪃܀ኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ꢄ܀쪌܀ 暁܀骐܀暁܀쪌܀ﺃ܀ꢄ܀ﺃ܀ 暁܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀.—A new concessioner awarded a concession contract and
required to pay a prior concessioner for possessory interest in prior improvements shall have a leasehold
surrender interest in the prior improvements. The initial value in the leasehold surrender interest (instead of
construction cost) shall be an amount equal to the value of the existing possessory interest as of the termination
date of the previous concession contract.
(4) Dꢄ܀ 袉܀ኊ܀܀ኊ܀ 쪌܀ꢄ܀܀܀ꢄ܀骐܀ ኊ܀⊅܀ ܀暁܀咈܀䂏܀ꢄ܀ ܀ﺃꢄ܀܀ꢄ܀쪌܀ꢈ܀܀袉܀暁܀܀܀ኊ܀袉܀.—If the Secretary, or either party to a value determination
proceeding conducted under a Service concession contract issued before November 13, 1998, considers that the
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value determination decision issued pursuant to the proceeding misinterprets or misapplies relevant contractual
requirements or their underlying legal authority, the Secretary or either party may seek, within 180 days after the
date of the decision, de novo review of the value determination decision by the United States Court of Federal
Claims. The Court of Federal Claims may make an order affirming, vacating, modifying or correcting the
determination decision.
(d) T쪌܀暁܀袉܀좍܀܀܀܀ኊ܀袉܀ ܀ኊ܀ S䂏܀㪃܀㪃܀ꢄ܀좍܀좍܀ኊ܀쪌܀ Cኊ܀袉܀㪃܀ꢄ܀좍܀좍܀܀ኊ܀袉܀ꢄ܀쪌܀.—On expiration or termination of a concession contract entered
into after November 13, 1998, a concessioner shall be entitled under the terms of the concession contract to
receive from the United States or a successor concessioner the value of any leasehold surrender interest in a
capital improvement as of the date of the expiration or termination. A successor concessioner shall have a
leasehold surrender interest in the capital improvement under the terms of a new concession contract and the initial
value of the leasehold surrender interest in the capital improvement (instead of construction cost) shall be the
amount of money the new concessioner is required to pay the prior concessioner for its leasehold surrender interest
under the terms of the prior concession contract.
(e) T܀܀咈܀ꢄ܀ ܀ኊ܀ Iꢈ܀�܀쪌܀ኊ܀܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀.—Title to any capital improvement constructed by a concessioner on land owned by
the United States in a System unit shall be vested in the United States.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3143.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101915(a)
Source (U.S. Code)
16 U.S.C. 5954(e).
101915(b)
101915(c)(1)
through (3)
101915(c)(4)
16 U.S.C. 5954(a).
16 U.S.C. 5954(b).
101915(d), (e)
16 U.S.C. 5954(c), (d).
16 U.S.C. 5954 note.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §405(a) through (e),
Nov. 13, 1998, 112 Stat. 3508.
Pub. L. 110–161, div. F, title I (1st paragraph
under heading "暁܀ﺃ܀ꢈ܀܀袉܀܀좍܀܀쪌܀暁܀܀܀܀ꢄ܀
�܀쪌܀ኊ܀܀܀좍܀܀ኊ܀袉܀좍"܀ under heading "N暁܀܀܀ኊ܀袉܀暁܀咈܀
P暁܀쪌܀隇܀ Sꢄ܀쪌܀܀܀㪃܀ꢄ)"܀, Dec. 26, 2007, 121 Stat.
2107.
In subsection (b), before paragraph (1), the words "On and after November 13, 1998" are omitted as
obsolete. In paragraph (6)(A), the words "Effective 9 years after November 13, 1998" are omitted as
obsolete.
In subsection (c)(4), the words "For fiscal years 2008 and hereafter" are omitted as obsolete.
R頀蘄頀⤄頀蘄頀頀蘄頀అ尀위頀蘄䨀笄 頀倂頀అ T頀蘄ሀꈄ⤀ᤄ
The Act of October 9, 1965, known as the National Park Service Concessions Policy Act, referred to in
subsec. (c)(1), is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, which enacted subchapter IV (§20 et seq.) of
chapter 1 of Title 16, Conservation, and amended section 462 of Title 16, prior to being repealed by Pub. L.
105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515.
§101916. Reasonableness of rates and charges
(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—A concession contract shall permit the concessioner to set reasonable and appropriate rates
and charges for facilities, goods, and services provided to the public, subject to approval under subsection (b).
(b) A�܀�܀쪌܀ኊ܀܀暁܀咈܀ 䚂܀抒܀ Sꢄ܀㪃܀쪌܀ꢄ܀܀暁܀쪌܀抒܀ Rꢄ܀袋܀䂏܀܀쪌܀ꢄ܀ﺃ܀.—
(1) F暁܀㪃܀܀ኊ܀쪌܀좍܀ ܀ኊ܀ 㪃܀ኊ܀袉܀좍܀܀ﺃ܀ꢄ܀쪌܀.—A concessioner's rates and charges to the public shall be subject to approval by
the Secretary. The approval process utilized by the Secretary shall be as prompt and as unburdensome to the
concessioner as possible and shall rely on market forces to establish reasonableness of rates and charges to the
maximum extent practicable. The Secretary shall approve rates and charges that the Secretary determines to be
reasonable and appropriate. Unless otherwise provided in the concession contract, the reasonableness and
appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges
for facilities, goods, and services of comparable character under similar conditions, with due consideration to the
following factors and other factors deemed relevant by the Secretary:
(A) Length of season.
(B) Peakloads.
(C) Average percentage of occupancy.
(D) Accessibility.
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(E) Availability and costs of labor and materials.
(F) Type of patronage.
(2) R暁܀܀ꢄ܀좍܀ 暁܀袉܀ﺃ܀ 㪃܀炆܀暁܀쪌܀銅܀ꢄ܀좍܀ 袉܀ኊ܀܀ ܀ኊ܀ ꢄ܀몑܀㪃܀ꢄ܀ꢄ܀ﺃ܀ ꢈ܀暁܀쪌܀隇܀ꢄ܀܀ 쪌܀暁܀܀ꢄ܀좍܀ 暁܀袉܀ﺃ܀ 㪃܀炆܀暁܀쪌܀銅܀ꢄ܀좍܀.—Rates and charges may not exceed
the market rates and charges for comparable facilities, goods, and services, after taking into account the factors
referred to in paragraph (1).
(c) Iꢈ܀�܀咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀暁܀܀܀ኊ܀袉܀ ኊ܀⊅܀ Rꢄ܀㪃܀ኊ܀ꢈ܀ꢈ܀ꢄ܀袉܀ﺃ܀暁܀܀܀ኊ܀袉܀좍܀.—Not later than 6 months after receiving recommendations from the
Advisory Board regarding concessioner rates and charges to the public, the Secretary shall implement the
recommendations or report to Congress the reasons for not implementing the recommendations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3145.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101916
Source (U.S. Code)
16 U.S.C. 5955.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §406, Nov. 13,
1998, 112 Stat. 3510.
§101917. Franchise fees
(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—A concession contract shall provide for payment to the Federal Government of a franchise fee
or other monetary consideration as determined by the Secretary, on consideration of the probable value to the
concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a
reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract.
Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving
System units and of providing necessary and appropriate services for visitors at reasonable rates.
(b) P쪌܀ኊ܀܀܀좍܀܀ኊ܀袉܀좍܀ Tኊ܀ Bꢄ܀ S�܀ꢄ܀㪃܀܀⊅܀܀ꢄ܀ﺃ܀ ܀袉܀ Cኊ܀袉܀܀쪌܀暁܀㪃܀܀.—The amount of the franchise fee or other monetary
consideration paid to the United States for the term of the concession contract shall be specified in the concession
contract and may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as
of the effective date of the concession contract. The Secretary shall include in concession contracts with a term of
more than 5 years a provision that allows reconsideration of the franchise fee at the request of the Secretary or the
concessioner in the event of extraordinary unanticipated changes. The provision shall provide for binding arbitration
in the event that the Secretary and the concessioner are unable to agree on an adjustment to the franchise fee in
those circumstances.
(c) S�܀ꢄ܀㪃܀܀暁܀咈܀ A㪃܀㪃܀ኊ܀䂏܀袉܀܀ ܀袉܀ T쪌܀ꢄ܀暁܀좍܀䂏܀쪌܀抒܀.—
(1) Dꢄ܀�܀ኊ܀좍܀܀܀ 暁܀袉܀ﺃ܀ 暁܀܀暁܀܀咈܀暁܀䚂܀܀咈܀܀܀抒܀.—All franchise fees (and other monetary consideration) paid to the United States
pursuant to concession contracts shall be deposited in a special account established in the Treasury. Twenty
percent of the funds deposited in the special account shall be available for expenditure by the Secretary, without
further appropriation, to support activities throughout the System regardless of the System unit in which the funds
were collected. The funds deposited in the special account shall remain available until expended.
(2) S䂏܀䚂܀暁܀㪃܀㪃܀ኊ܀䂏܀袉܀܀ ⊅܀ኊ܀쪌܀ ꢄ܀暁܀㪃܀炆܀ 좍܀抒܀좍܀܀ꢄ܀ꢈ܀ 䂏܀袉܀܀܀.—There shall be established within the special account a subaccount
for each System unit. Each subaccount shall be credited with 80 percent of the franchise fees (and other
monetary consideration) collected at a single System unit under concession contracts. The funds credited to the
subaccount for a System unit shall be available for expenditure by the Secretary, without further appropriation, for
use at the System unit for visitor services and for purposes of funding highpriority and urgently necessary
resource management programs and operations. The funds credited to a subaccount shall remain available until
expended.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3146.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101917
Source (U.S. Code)
16 U.S.C. 5956.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §407, Nov. 13,
1998, 112 Stat. 3511.
§101918. Transfer or conveyance of concession contracts or leasehold surrender
interests
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(a) A�܀�܀쪌܀ኊ܀܀暁܀咈܀ ኊ܀⊅܀ Sꢄ܀㪃܀쪌܀ꢄ܀܀暁܀쪌܀抒܀.—No concession contract or leasehold surrender interest may be transferred,
assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and
approval by, the Secretary.
(b) Cኊ܀袉܀ﺃ܀܀܀܀ኊ܀袉܀좍܀.—The Secretary shall approve a transfer or conveyance described in subsection (a) unless the
Secretary finds that—
(1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to
satisfy the terms and conditions of the concession contract;
(2) the transfer or conveyance would have an adverse impact on—
(A) the protection, conservation, or preservation of the resources of the System unit; or
(B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and
charges; and
(3) the terms of the transfer or conveyance are likely, directly or indirectly, to—
(A) reduce the concessioner's opportunity for a reasonable profit over the remaining term of the concession
contract;
(B) adversely affect the quality of facilities and services provided by the concessioner; or
(C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and
services.
(c) Mኊ܀ﺃ܀܀⊅܀܀㪃܀暁܀܀܀ኊ܀袉܀ ኊ܀쪌܀ Rꢄ܀袉܀ꢄ܀銅܀ኊ܀܀܀暁܀܀܀ኊ܀袉܀ ኊ܀⊅܀ Tꢄ܀쪌܀ꢈ܀좍܀.—The terms and conditions of any concession contract under
this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or
conveyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as
described in subsection (b)(2).
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101918
Source (U.S. Code)
16 U.S.C. 5957.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §408, Nov. 13,
1998, 112 Stat. 3512.
In subsection (b)(1), the word "other" is added for consistency in the subchapter. See section 101926 of
the revised title.
§101919. National Park Service Concessions Management Advisory Board
(a) E좍܀܀暁܀䚂܀咈܀܀좍܀炆܀ꢈ܀ꢄ܀袉܀܀ 暁܀袉܀ﺃ܀ P䂏܀쪌܀�܀ኊ܀좍܀ꢄ܀.—There is a National Park Service Concessions Management Advisory Board
whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in
the System.
(b) D䂏܀܀܀ꢄ܀좍܀.—
(1) A܀ﺃ܀܀㪃܀ꢄ܀.—The Advisory Board shall advise on each of the following:
(A) Policies and procedures intended to ensure that services and facilities provided by concessioners—
(i) are necessary and appropriate;
(ii) meet acceptable standards at reasonable rates with a minimum of impact on System unit resources
and values; and
(iii) provide the concessioners with a reasonable opportunity to make a profit.
(B) Ways to make Service concession programs and procedures more cost effective, more process efficient,
less burdensome, and timelier.
(2) Rꢄ܀㪃܀ኊ܀ꢈ܀ꢈ܀ꢄ܀袉܀ﺃ܀暁܀܀܀ኊ܀袉܀좍܀.—The Advisory Board shall make recommendations to the Secretary regarding each of
the following:
(A) The Service contracting with the private sector to conduct appropriate elements of concession
management.
(B) Ways to make the review or approval of concessioner rates and charges to the public more efficient, less
burdensome, and timelier.
(C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts
within the meaning of this subchapter.
(D) The allocation of concession fees.
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(3) A袉܀袉܀䂏܀暁܀咈܀ 쪌܀ꢄ܀�܀ኊ܀쪌܀܀.—The Advisory Board shall provide an annual report on its activities to the Committee on
Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the
Senate.
(c) A܀ﺃ܀܀좍܀ኊ܀쪌܀抒܀ Bኊ܀暁܀쪌܀ﺃ܀ Mꢄ܀ꢈ܀䚂܀ꢄ܀쪌܀좍܀炆܀܀�܀.—Members of the Advisory Board shall be appointed on a staggered basis by
the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board
shall be comprised of not more than 7 individuals appointed from among citizens of the United States not in the
employment of the Federal Government and not in the employment of or having an interest in a Service
concession. Of the 7 members of the Advisory Board—
(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel
or food service management and experience in the parks and recreation concession business;
(2) one member shall be privately employed in the tourism industry;
(3) one member shall be privately employed in the accounting industry;
(4) one member shall be privately employed in the outfitting and guide industry;
(5) one member shall be a State government employee with expertise in park concession management;
(6) one member shall be active in promotion of traditional arts and crafts; and
(7) one member shall be active in a nonprofit conservation organization involved in parks and recreation
programs.
(d) Sꢄ܀쪌܀܀܀㪃܀ꢄ܀ ኊ܀袉܀ A܀ﺃ܀܀좍܀ኊ܀쪌܀抒܀ Bኊ܀暁܀쪌܀ﺃ܀.—Service of an individual as a member of the Advisory Board shall not be
deemed to be service or employment bringing the individual within the provisions of any Federal law relating to
conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of
individuals, the performance of services, or the payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be
deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title
5 or other comparable provisions of Federal law.
(e) Tꢄ܀쪌܀ꢈ܀܀袉܀暁܀܀܀ኊ܀袉܀.—The Advisory Board shall continue to exist until December 31, 2009. In all other respects, it
shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101919(a) through
(c)
101919(d)
101919(e)
Source (U.S. Code)
16 U.S.C. 5958(a) through (c).
Source (Statutes at Large)
Pub. L. 105–391, title IV, §409, Nov. 13,
1998, 112 Stat. 3512; Pub. L. 111–11,
subtitle VII, subtitle E, §7403, 123 Stat.
1219.
16 U.S.C. 5958(e).
16 U.S.C. 5958(d).
In subsection (b)(2), the text of 16 U.S.C. 5958(b)(2) (last sentence) is omitted as obsolete.
In subsection (b)(3), the words "commencing with the first anniversary of its initial meeting" are omitted
as obsolete.
In subsection (d), the word "deemed" is substituted for "considered as" for consistency in this title and
with other titles of the United States Code.
R頀蘄頀⤄頀蘄頀頀蘄頀అ尀위頀蘄䨀笄 頀倂頀అ T頀蘄ሀꈄ⤀ᤄ
The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is set out in the Appendix to Title 5, Government Organization and Employees.
§101920. Contracting for services
(a) Cኊ܀袉܀܀쪌܀暁܀㪃܀܀܀袉܀銅܀ A䂏܀܀炆܀ኊ܀쪌܀܀܀ꢄ܀ﺃ܀.—
(1) M暁܀袉܀暁܀銅܀ꢄ܀ꢈ܀ꢄ܀袉܀܀ ꢄ܀咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀ ⊅܀ኊ܀쪌܀ 骐܀炆܀܀㪃܀炆܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀ 쪌܀ꢄ܀袋܀䂏܀܀쪌܀ꢄ܀ﺃ܀ ܀ኊ܀ ꢈ܀暁܀몑܀܀ꢈ܀䂏܀ꢈ܀ ꢄ܀몑܀܀ꢄ܀袉܀܀ �܀쪌܀暁܀㪃܀܀܀㪃܀暁܀䚂܀咈܀ꢄ܀.—To the
maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in elements of
the management of the Service concession program considered by the Secretary to be suitable for nonFederal
performance. Those management elements shall include each of the following:
(A) Health and safety inspections.
(B) Quality control of concession operations and facilities.
(C) Strategic capital planning for concession facilities.
(D) Analysis of rates and charges to the public.
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(2) M暁܀袉܀暁܀銅܀ꢄ܀ꢈ܀ꢄ܀袉܀܀ ꢄ܀咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀ ⊅܀ኊ܀쪌܀ 骐܀炆܀܀㪃܀炆܀ 㪃܀ኊ܀袉܀܀쪌܀暁܀㪃܀܀ 暁܀咈܀咈܀ኊ܀骐܀ꢄ܀ﺃ܀.—The Secretary may also contract with private
entities to assist the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses for Service concession contracts.
(B) Development of guidelines for a System capital improvement and maintenance program for all
concession occupied facilities.
(C) Making recommendations to the Director regarding the conduct of annual audits of concession fee
expenditures.
(b) O܀炆܀ꢄ܀쪌܀ M暁܀袉܀暁܀銅܀ꢄ܀ꢈ܀ꢄ܀袉܀܀ E咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀.—The Secretary shall consider, taking into account the recommendations of
the Advisory Board, contracting out other elements of the concessions management program, as appropriate.
(c) A䂏܀܀炆܀ኊ܀쪌܀܀܀抒܀ ኊ܀⊅܀ Sꢄ܀㪃܀쪌܀ꢄ܀܀暁܀쪌܀抒܀ Nኊ܀܀ D܀ꢈ܀܀袉܀܀좍܀炆܀ꢄ܀ﺃ܀.—Nothing in this section shall diminish the governmental
responsibilities and authority of the Secretary to administer concession contracts and activities pursuant to this
subchapter and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title.
The Secretary reserves the right to make the final decision or contract approval on contracting services dealing with
the management of the Service concessions program under this section.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3149.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101920
Source (U.S. Code)
16 U.S.C. 5959.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §410, Nov. 13,
1998, 112 Stat. 3514.
§101921. Multiple contracts within a System unit
If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting,
guiding, river running, or other similar services at the same approximate location or resource within a System unit,
the Secretary shall establish a comparable franchise fee structure for those contracts or similar contracts, except
that the terms and conditions of any existing concession contract shall not be subject to modification or open to
renegotiation by the Secretary because of an award of a new contract at the same approximate location or
resource.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3149.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101921
Source (U.S. Code)
16 U.S.C. 5960.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §411, Nov. 13,
1998, 112 Stat. 3514.
§101922. Use of nonmonetary consideration in concession contracts
Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this
subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101922
Source (U.S. Code)
16 U.S.C. 5962.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §413, Nov. 13,
1998, 112 Stat. 3515.
The words relating to the leasing of buildings and properties of the United States" are omitted as
unnecessary.
§101923. Recordkeeping requirements
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(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—A concessioner and any subconcessioner shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all terms of a concession contract have been and are being
faithfully performed. The Secretary and any authorized representative of the Secretary shall, for the purpose of audit
and examination, have access to those records and to other records of the concessioner or subconcessioner
pertinent to the concession contract and all terms and conditions of the concession contract.
(b) A㪃܀㪃܀ꢄ܀좍܀좍܀ ܀ኊ܀ Rꢄ܀㪃܀ኊ܀쪌܀ﺃ܀좍܀ 䚂܀抒܀ Cኊ܀ꢈ܀�܀܀쪌܀ኊ܀咈܀咈܀ꢄ܀쪌܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—The Comptroller General and any authorized
representative of the Comptroller General shall, until the expiration of 5 calendar years after the close of the
business year of each concessioner or subconcessioner, have access to and the right to examine any pertinent
records described in subsection (a) of the concessioner or subconcessioner related to the contract involved.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101923
Source (U.S. Code)
16 U.S.C. 5963.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §414, Nov. 13,
1998, 112 Stat. 3515.
In this section, the word "duly" is omitted as unnecessary.
In subsection (a), the words "and any subconcessioner" and "or subconcessioner" are added for clarity.
See 36 CFR 51.98. The word "records" is substituted for "books, documents, and papers" for consistency
in the revised title and with other titles of the United States Code.
In subsection (b), the words "books, papers, documents" are omitted as included in "records". The
words "described in subsection (a)" are added for clarity.
§101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native
Hawaiian handicrafts
(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—Promoting the sale of authentic United States Indian, Alaskan Native, Native Samoan, and
Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of System units is
encouraged, and the Secretary shall ensure that there is a continuing effort to enhance the handicraft trade where it
exists and establish the trade in appropriate areas where the trade does not exist.
(b) E몑܀ꢄ܀ꢈ܀�܀܀܀ኊ܀袉܀ F쪌܀ኊ܀ꢈ܀ F쪌܀暁܀袉܀㪃܀炆܀܀좍܀ꢄ܀ Fꢄ܀ꢄ܀.—In furtherance of the purposes of subsection (a), the revenue derived
from the sale of United States Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be
exempt from any franchise fee payments under this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101924
Source (U.S. Code)
16 U.S.C. 5964.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §416, Nov. 13,
1998, 112 Stat. 3516.
§101925. Commercial use authorizations
(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—To the extent specified in this section, the Secretary, on request, may authorize a private
person, corporation, or other entity to provide services to visitors to System units through a commercial use
authorization. A commercial use authorization shall not be considered to be a concession contract under this
subchapter and no other section of this subchapter shall be applicable to a commercial use authorization except
where expressly stated.
(b) C쪌܀܀܀ꢄ܀쪌܀܀暁܀ ⊅܀ኊ܀쪌܀ I좍܀좍܀䂏܀暁܀袉܀㪃܀ꢄ܀ ኊ܀⊅܀ Cኊ܀ꢈ܀ꢈ܀ꢄ܀쪌܀㪃܀܀暁܀咈܀ U좍܀ꢄ܀ A䂏܀܀炆܀ኊ܀쪌܀܀܀暁܀܀܀ኊ܀袉܀좍܀.—
(1) Rꢄ܀袋܀䂏܀܀쪌܀ꢄ܀ﺃ܀ ܀ﺃꢄ܀܀ꢄ܀쪌܀ꢈ܀܀袉܀暁܀܀܀ኊ܀袉܀좍܀.—The authority of this section may be used only to authorize provision of
services that the Secretary determines—
(A) will have minimal impact on resources and values of a System unit; and
(B) are consistent with the purpose for which the System unit was established and with all applicable
management plans and Service policies and regulations.
(2) E咈܀ꢄ܀ꢈ܀ꢄ܀袉܀܀좍܀ ኊ܀⊅܀ 㪃܀ኊ܀ꢈ܀ꢈ܀ꢄ܀쪌܀㪃܀܀暁܀咈܀ 䂏܀좍܀ꢄ܀ 暁܀䂏܀܀炆܀ኊ܀쪌܀܀܀暁܀܀܀ኊ܀袉܀.—The Secretary shall—
(A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain
available without further appropriation to be used, at a minimum, to recover associated management and
administrative costs;
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(B) require that the provision of services under a commercial use authorization be accomplished in a manner
consistent to the highest practicable degree with the preservation and conservation of System unit resources
and values;
(C) take appropriate steps to limit the liability of the United States arising from the provision of services
under a commercial use authorization;
(D) have no authority under this section to issue more commercial use authorizations than are consistent
with the preservation and proper management of System unit resources and values; and
(E) shall establish other conditions for issuance of a commercial use authorization that the Secretary
determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor
services, and protection and proper management of System unit resources and values.
(c) L܀ꢈ܀܀܀暁܀܀܀ኊ܀袉܀좍܀.—Any commercial use authorization shall be limited to—
(1) commercial operations with annual gross receipts of not more than $25,000 resulting from services
originating and provided solely within a System unit pursuant to the commercial use authorization;
(2) the incidental use of resources of the System unit by commercial operations that provide services
originating and terminating outside the boundaries of the System unit; or
(3)(A) uses by organized children's camps, outdoor clubs, and nonprofit institutions (including back country
use); and
(B) other uses, as the Secretary determines to be appropriate.
(d) Nኊ܀袉܀�܀쪌܀ኊ܀⊅܀܀܀ I袉܀좍܀܀܀܀䂏܀܀܀ኊ܀袉܀좍܀.—Nonprofit institutions are not required to obtain commercial use authorizations
unless taxable income is derived by the institution from the authorized use.
(e) P쪌܀ኊ܀炆܀܀䚂܀܀܀܀ኊ܀袉܀ ኊ܀袉܀ Cኊ܀袉܀좍܀܀쪌܀䂏܀㪃܀܀܀ኊ܀袉܀.—A commercial use authorization shall not provide for the construction of
any structure, fixture, or improvement on federallyowned land within the boundaries of a System unit.
(f) D䂏܀쪌܀暁܀܀܀ኊ܀袉܀.—The term of any commercial use authorization shall not exceed 2 years. No preferential right of
renewal or similar provisions for renewal shall be granted by the Secretary.
(g) O܀炆܀ꢄ܀쪌܀ Cኊ܀袉܀܀쪌܀暁܀㪃܀܀좍܀.—A person, corporation, or other entity seeking or obtaining a commercial use
authorization shall not be precluded from submitting a proposal for concession contracts.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101925
Source (U.S. Code)
16 U.S.C. 5966.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §418, Nov. 13,
1998, 112 Stat. 3516.
§101926. Regulations
(a) I袉܀ Gꢄ܀袉܀ꢄ܀쪌܀暁܀咈܀.—The Secretary shall prescribe regulations appropriate for the implementation of this subchapter.
(b) Cኊ܀袉܀܀ꢄ܀袉܀܀좍܀.—The regulations—
(1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a
System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking
to reduce anticipated annual gross receipts of a concession contract below $500,000; and
(2) shall further define the term "United States Indian, Alaskan Native, and Native Hawaiian handicrafts" for the
purposes of this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3151.)
H܀좍܀܀ኊ܀쪌܀܀㪃܀暁܀咈܀ 暁܀袉܀ﺃ܀ Rꢄ܀܀܀좍܀܀ኊ܀袉܀ Nኊ܀܀ꢄ܀좍܀
Revised
Section
101926
Source (U.S. Code)
16 U.S.C. 5965.
Source (Statutes at Large)
Pub. L. 105–391, title IV, §417, Nov. 13,
1998, 112 Stat. 3516.
The words "As soon as practicable after the effective date of this subchapter" are omitted as obsolete.
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| File Modified | 2016-08-23 |
| File Created | 2016-08-23 |